Mark Barron Comments on Potential Revision of Rejected Methane Rule

News / February 1, 2017

Partner Mark Barron is quoted in an article published by E&E News on Feb. 1, 2017. The article “Could BLM Rule Go Back to the Drawing Board after CRA?” discusses the potential for revisions to the Bureau of Land Management’s rejected methane rule. The Congressional Review Act (CRA) prevents a disapproved rule from being reintroduced in “substantially the same form.” However, the article notes that this rule is largely untested and Barron told E&E News that its effect on a new version of the methane rule in unclear.

"Given opponents' argument that the existing rule is primarily an air quality rule masquerading as a waste prevention rule, I could envision an argument that removing non-royalty aspects of the rule would result in an essentially new rule," Barron said. "On the other hand, given that the royalty aspects of the rule are in the current version, there is a likewise colorable argument that the revised rule would be substantially similar."

Read the article (registration required).

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